Sedgwick withholding Independent Medical Exam Report

Asked over 1 year ago - Los Angeles, CA

Sedgwick CMS will not release my Independent Medical Examination report to me without providing the appeal I filed with the state. Is this legal or a violation of my HIPAA rights?

Additional information

Thank you for your quick answers. This is actually not a worker's comp case, just regular disability. I participate in my employer's California Voluntary Plan. I'm not exactly sure why Sedgwick sent me to the state to appeal after they denied continuing my claim, but it was their instruction.

Attorney answers (3)

  1. Richard Andrew Harting

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . The report should be provided to you, but I do not believe this is a HIPPA issue. You should hire a work comp atty. - fees are very low and the system can be very difficult to navigate.

  2. George Ellis Corson IV

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Sedgwick CMS is entitled to your Appeal. When you file something, you have to give it to the other side. If your Report is in Psychiatry, you probably cannot receive it. You may have the right to designate an Attorney or Doctor to receive and analyze it for you. I think you need an Attorney.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY... more
  3. Bobby L. Bollinger Jr.

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . HIPAA does not apply in workers' comp cases. There may be a workers' comp discovery rule that you can use to get it.

    This answer is intended as general information and not as specific legal advice. If you want to have a free... more

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